Abuse of fetal homicide laws.At least 38 of the 50 US states have introduced “fetal homicide laws.” Backers of these laws have claimed that they are intended to protect women and their unborn children from attack by an abusive partner or other third parties, but state prosecutors have seized upon the legislation to attack the rights of pregnant mothers.
The intent of such laws is fine, if they were used only ". . .to protect women and their unborn children from attack by an abusive partner or other third parties. . ." as claimed, but that is rarely how such laws are actually used.
According to the National Advocates for Pregnant Women, prosecutors in South Carolina, one of the first states to introduce a fetal homicide law, have only charged one man under the legislation. and his case was subsequently dismissed. By contrast, as many as 300 South Carolina women have been arrested for their alleged actions against their unborn children during pregnancy.
Woman across the country are being increasingly prosecuted for their alleged drug and alcohol abuse during pregnancy, with charges ranging from misdemeanor counts of endangering the welfare of a child to criminal homicide. According to the Dominion Post, at least two women so charged have been sentenced to life in prison.
Illinois was the first state to charge a woman with manslaughter in connection with a stillborn baby. Prosecutors claimed the baby died as a result of high levels of cocaine, but a grand jury refused to indict. Texas, New York, Arizona, Hawaii, Utah and California are among the states with similar laws on the books.
In Riverside County, California, police authorities have declared prosecutions of mothers addicted to methamphetamine as a “top priority.” Dozens of public health organizations, including the American Public Health Association and the American Academy of Addiction Psychiatry, have denounced the prosecutions because they discourage woman not only from seeking substance abuse treatment, but from getting any prenatal care at all.
In Utah, following several high-profile prosecutions in the 1990s of women for substance abuse during pregnancy, state officials saw a sharp drop-off in requests for treatment from drug addicted women. After widespread coverage of the prosecutions, calls to the state health department’s Pregnancy Risk Line fell to almost zero per month.
“Women were showing up at hospitals in droves to deliver babies having had no prenatal care and no substance abuse treatment,” Lynn Martinez, director of the hotline and of the state’s birth defects and genetics program, told the media.
She added, “When asked why they hadn’t sought help, their answers were almost universal: They were worried they would either lose their children or be prosecuted. So suddenly you had a double whammy: babies exposed to drugs and babies not getting prenatal care.”
Does anyone here fail to see how inhumane, unfair and misogynistic such misapplication of fetal homicide laws is?